Legal Admissibility of the Rorschach and R-PAS: A Review of Research, Practice, and Case Law.

Autor: Viglione DJ; California School of Professional Psychology, Alliant International University., de Ruiter C; Faculty of Psychology and Neuroscience, Maastricht University., King CM; Department of Psychology, Montclair State University., Meyer GJ; Department of Psychology, University of Toledo., Kivisto AJ; Graduate Department of Clinical Psychology, University of Indianapolis., Rubin BA; Department of Forensic Services, Rockland Psychiatric Center., Hunsley J; School of Psychology, University of Ottawa.
Jazyk: angličtina
Zdroj: Journal of personality assessment [J Pers Assess] 2022 Mar-Apr; Vol. 104 (2), pp. 137-161. Date of Electronic Publication: 2022 Feb 18.
DOI: 10.1080/00223891.2022.2028795
Abstrakt: The special issue editors selected us to form an "adversarial collaboration" because our publications and teaching encompass both supportive and critical attitudes toward the Rorschach and its recently developed system for use, the Rorschach Performance Assessment System (R-PAS). We reviewed the research literature and case law to determine if the Rorschach and specifically R-PAS meet legal standards for admissibility in court. We included evidence on norms, reliability, validity, utility, general acceptance, forensic evaluator use, and response style assessment, as well as United States and selected European case law addressing challenges to mental examination motions, admissibility, and weight. Compared to other psychological tests, the Rorschach is not challenged at unusually high rates. Although the recently introduced R-PAS is not widely referenced in case law, evidence suggests that information from it is likely to be ruled admissible when used by a competent evaluator and selected variables yield scores that are sufficiently reliable and valid to evaluate psychological processes that inform functional psycholegal capacities. We identify effective and ethical but also inappropriate uses (e.g., psychological profiling) of R-PAS in criminal, civil, juvenile, and family court. We recommend specific research to clarify important aspects of R-PAS and advance its utility in forensic mental health assessment.
Databáze: MEDLINE
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